Committee approves voluntary non-opioid advance directive bill to let patients opt out of opioid offers

The Committee on Health Policy voted to report Senate Bill 714 favorably after a brief presentation and no public testimony.

Senator K. Harrell, the bill sponsor, said the measure would create a voluntary non-opioid advance directive allowing patients to record a preference not to be offered or administered opioid medications, including when they are incapacitated. The bill asks the Department of Health to develop the form and permits patients to file it in their electronic medical record at the patient's request.

Harrell said the directive would be voluntary, would not prevent conversations between patients and clinicians about treatment options, and could be rescinded by the patient at any time. The bill also provides a civil and criminal liability shield for a health care professional who, in an emergency and without actual knowledge of the directive, provides an opioid medication.

Senator Burman asked how patients would be made aware of the directive; Harrell responded that, like other advance directives, it would likely be part of informational materials used by attorneys or advisers and could be discussed during routine healthcare intake. The sponsor said 10 states already have voluntary non-opioid advance directive laws.

No appearance cards were filed in opposition or support during the hearing. The committee recorded a unanimous yes vote and reported the bill favorably.